SHOWMAX PRIVACY POLICY - SOUTH AFRICA

  1. Introduction

    1. At Showmax, we know your privacy is a serious matter. We strive to ensure that our use of your personal data is lawful and reasonable, with the ultimate goal of improving our services and your viewing experience.
    2. This Privacy Policy describes how your personal data is processed at Showmax when you use our websites, applications (including the Showmax App), products, platforms and services to browse or to access content, including when you are not registered or signed in to our service. Here we also provide some ways for you to exercise control over your personal data, and to contact us if you have questions. The personal data will be processed by Showmax in accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) and local Privacy Laws.
    3. MultiChoice Support Services Proprietary Limited operates subject to laws of the Republic of South Africa. We are located at Ground Floor, Greenstone House, Stonemill Office Park, 300 Acacia Road, Darrenwood, Randburg, South Africa. MultiChoice Support Services Proprietary Limited is the controller of personal data the processing of which is described in this Privacy Policy. MultiChoice Support Services Proprietary Limited is hereinafter referred to as “Showmax”.
    4. We encourage you to read this policy completely so that you understand how we rely on personal data to create the best possible experience for you. We also use this policy to call your attention to the information about Cookies that help power our offerings from a technical perspective.
    5. Should you have any questions regarding the processing of personal data by Showmax, you can contact our data protection officer at dpo@showmax.com.
    6. Unless stated otherwise, defined terms have the meaning given to them in the Showmax Terms and Conditions - South Africa.
  2. What personal data do we collect?

    1. Overview: We may receive and collect personal data about you in several ways, including when you download the Showmax App on your device; you sign up to use Showmax; you stream, download, access or make use of any Showmax Service or Content (including when you decide on selection of Content), you give us payment details, you contact our support centre, you participate in a marketing or promotion activity or you submit your personal data to us for any other reason. We may also receive personal data from third parties that have obtained it from you and that are permitted to share it with us.
    2. Categories of personal data when you are signed in to Showmax Service: The categories of personal data of signed in users that we collect include:
      1. Basic Account and Contact Information: You must provide an email address, cell phone number, and password to create a Showmax Account. Showmax may also receive basic account information from third party sites, such as when you choose to sign in via a social network account;
      2. Payment Methods: In relation to your payments for access to the Showmax Service, we collect details of methods of payment, including but not limited to certain information about credit and debit cards, loyalty points, vouchers, mobile phone number for payments with telecommunications operators’ bills or use of an accepted e-wallet;
      3. Preferences, user profile and other information: We also collect and process certain information on your activity on the Showmax Service, Showmax Website and Showmax App, such as for example title selections, viewing history, content reviews if such option is available, and information about your Showmax Account (including information that you provide using your My Account section), settings data and certain data inferred on their basis, in particular taste preferences based on your selection of Content;
      4. Events: We collect certain information about your activities observed when you are accessing and using the Showmax Website, Showmax App or when you react to our marketing communications, including details of how, when and for how long you have accessed, viewed or used any of our platforms as well as details regarding site traffic and usage information (for example search queries, navigation behaviour and viewing time and duration), and, if enabled, voice commands processed through the Showmax App;
      5. Support services information: We collect certain details of your interactions with the Showmax support centre (in case we can attribute the conversation to you), such as the date, time and reason for contacting Showmax, transcripts of chat, email or other conversations;
      6. Cookies: We may also store certain information collected via the use of cookies, web beacons, advertising IDs and other technologies, including ad data. For more information on cookies please refer to the Cookies section of this Privacy Policy;
      7. Device and Browser Information: When you access the Showmax Website or the Showmax App, we may also collect information about the device or browser accessing the Showmax Services, such as unique device identifiers, IP address, type, model, settings, operating system, system activity and crash reports.your device and browser, such as unique device identifiers, IP addresses, the type of device used to access Showmax Service, Showmax Website and Showmax Account, hardware model and settings, operating system, browser type, language, system activity, and crash reports;
      8. Location Information: When you access the Showmax Website or the Showmax App, based on your IP address, we may determine the geographical location of a device used to access Showmax Service based on your IP address, however, such information determined does not beyond the level of municipality. In addition, Showmax does not use GPS geolocation and does not collect geolocation data, and consequently clause 8.2.2 of License agreement is not applicable;
      9. Information necessary to verify your country of residence in connection with the cross-border content portability (if applicable in your region): Showmax may ask you to provide two means of verification, including ID card, driving license, passport, utility bill or declaration confirming address, to verify your country of residence in accordance with the Regulation of the European Parliament and of the Council 2017/1128 on cross-border portability of online content services in the internal market. The information which Showmax collects from you for the sole purpose of verifying your country of residence will be deleted on completion of verification.
      10. User Research Information: We collect certain details of your interactions with a Showmax User Research Surveys (in case you decide to contribute, which is completely voluntary), such as your evaluation of various aspects of the Showmax Service, your preferences regarding Showmax Service properties and your opinion on certain Showmax Service related questions.
    3. Categories of data when you are not signed in to Showmax Service: The categories of personal data of that we may collect when you are browsing the Showmax Website or the Showmax App without signing in include data referred to in the following sections: on Events (2.2.4), Cookies (2.2.6), Device and Browser Information (2.2.7) and Location Information (2.2.8).
    4. Sub-profiles data: We allow the creation of sub-profiles that can be linked to a single Showmax Account, whereby different people (such as members of a family or household) can maintain their own profile and personal preferences distinct from those assigned to the main profile and other sub-profiles linked to the same master Showmax Account. Please note that using the main Showmax Account profile it is possible to access personal data created by the users of the sub-profiles and the exercise of the data subject rights (including the right to access data) through the main Showmax Account profile will take effect with respect to all personal data processed under the entire Showmax Account, including personal data relating to all sub-profiles (even if they are password protected).
    5. Childrens’ data: You must be at least 18 years of age or older to create a Showmax Account. While individuals under the age of 18 may use the Showmax Service, they may do so only under the supervision of a parent or a guardian. It is possible to create a Kid sub-profile, which will include content oriented to children (based on the classification provided by our content providers), specifically intended for use by a child. Creating a Kid sub-profile for a child age 16 or younger requires a parent or guardian to consent to creating the Kid sub-profile and processing the child’s personal data.
    6. Voluntary provision of data: The provision of your personal data is voluntary but necessary to use some of the services offered by Showmax. Refusal to provide some of your personal data will make it impossible to use the Showmax Service or some of their functionalities, for example its websites, applications, products, platforms and services to browse or to access content, and will prevent Showmax from offering and performing such services.
  3. For what purposes do we process personal data?

    1. Overview: We use the information we receive and collect generally for the purpose of providing, promoting, maintaining, personalizing and improving our services, to develop new services, and to protect Showmax, our platforms, content partners and our users from fraudulent or illegal activity.
    2. Purposes: Specific purposes for which we process your data include:
      1. processing personal data necessary for the purposes of conclusion and performance of the agreement with you, including:
        1. to establish, personalize and maintain your Showmax Account, and to authenticate your identity when accessing your Showmax account, to provide you with movies, series and other content and to settle payments;
        2. to provide you with unique selection of titles tailored exclusively for you in a form of recommendations resulting from automated analysis of your title choices and other actions made by you while using the Showmax Service;
        3. to provide customer support services and to communicate with you, including to inform you about any changes to Showmax products and services; and
        4. if applicable - to provide you with the Showmax App, including its voice search function available in some versions of the Showmax App.
      2. to provide cross-border portability of Showmax online content, including verification of the country of residence in accordance with and based on the Regulation of the European Parliament and of the Council 2017/1128 on cross-border portability of online content services in the internal market;
      3. processing of personal data in order to fulfil obligations resulting from provisions of applicable laws;
      4. to fulfil any contractual obligations with our business partners for the purpose of offering Showmax services and for the purposes of financial settlements connected there to, which is our legitimate interest for processing personal data;
      5. processing of personal data for marketing of the Showmax services, including through advertising tailored for individual or group needs and preferences, for example online advertising, which is our legitimate interest for processing personal data;
      6. processing for the purposes of research, analytics, development, improvement (including user experience improvement), administration, maintenance, technical support and security of the Showmax Service, Showmax Website and Showmax App, which is our legitimate interest for processing personal data;
      7. processing for the purposes of establishment, exercise and defence of legal claims, enforcing or investigating potential violations of our terms of use or any other actual or alleged fraudulent activities, protecting rights, property or safety of Showmax, our customers, employees and other third parties, which is our legitimate interest for processing personal data; and
      8. processing for the purposes of reorganization of the Showmax group, including changes in ownership or control of assets, shares or management of Showmax, or that of our affiliates, which is our legitimate interest for processing personal data.
  4. Who are the recipients of personal data

    1. Your personal data may be disclosed to the following categories of recipients:
      1. Showmax affiliates, which includes our holding companies, subsidiaries and entities that control or are under common control with Showmax, in particular when necessary for the ongoing maintenance and continued provision of the services to you;
      2. trusted service providers retained by us to enhance or provide services to you, acting at our instruction, including hosting services providers, platform development, support and security services providers, analytics tools and services providers, customer support services providers, payment and reconciliation services providers,;
      3. marketing services providers supporting us in promoting the Showmax Service, including marketing agencies, email distribution and other marketing tools providers, social media marketing services providers including Facebook and Google, as well as analytics services providers;
      4. partners who may offer access to the Showmax Service on our behalf and/or partners with whom Showmax co-operates with respect to placing the Showmax App on their platforms;
      5. third parties, including governmental bodies, courts or bodies of similar nature, when it is required in order to comply with applicable laws, to enforce or investigate potential violations of our terms of use or any other contract between you and us, to protect our rights, property or safety or that of our customers, employees, and other third parties; and/or
      6. third party in relation to reorganization of the Showmax group, in particular a third party that acquires (or proposes to acquire) ownership or control of our assets, shares or management, or that of our affiliates by any means, or a third party from whom we acquire, ownership or control of assets, shares or management.
    2. Please note that Showmax offers services in jurisdictions located outside the European Economic Area and some of the data recipients referred to in clause 4.1 may be located outside the European Economic Area, in countries with respect to which the European Commission has not issued an adequacy decision (“Third Country”).
    3. Where personal data is transferred to a Third Country, Showmax takes legally required steps consistent with applicable European data protection legislation to ensure that the personal data is adequately protected in each such jurisdiction in particular by basing agreements with the relevant data recipients on the standard data protection clauses adopted by the European Commission or adopted by a supervisory authority and approved by the European Commission. Should you wish to obtain a copy of them, please contact us at dpo@showmax.com.
  5. What are your rights?

    1. Your data subject rights. You have the following rights with respect to your personal data processed by Showmax:
      1. Access: You have the right to access your personal data;
      2. Rectification: You can ask us to have inaccurate personal data amended. You can use the My Account section on the Showmax Website or the Showmax App to change basic information about you;
      3. Erasure: You can ask us to erase personal data. Note that we will keep only personal data that are necessary for us to comply with financial and tax regulations and for the establishment, exercise or defense of legal claims;
      4. Object to marketing: You can object to processing your personal data for marketing purposes;
      5. Object to other processing: You can object to processing of your personal data based on the legitimate interest of Showmax unless we have a valid ground to continue processing the data;
      6. Portability: You can ask us to receive your personal data that you provided to Showmax in machine-readable format or have such data transmitted to a third party; and
      7. Restriction: We may be required to have your data restricted for processing in certain circumstances as defined in article 19 of the GDPR.
    2. Exercise of your rights. You can exercise your rights and lodge requests to Showmax using the My Data section in My Account on the Showmax Website or the Showmax App.
    3. Exercise of your objection to marketing: You may object to direct email/sms marketing, e-mail/sms marketing communications from us by indicating your communications preference in the Marketing Email Preference section in My Account on the Showmax Website. You may also unsubscribe using the link included in every direct email marketing communication or using the sms code indicated in direct sms marketing communication, it may take a few days for this request to be processed. You cannot unsubscribe from service administration related e-mails and sms messages. In the Marketing Preferences Section you may also opt-out from receiving push messages or from having your data processed for marketing purposes, with respect to other marketing, using the My Data section in My Account on the Showmax Website or the Showmax App. Please also see clause 8 – Cookies.
    4. Withdrawal of consent. In some situations when we may seek your consent for processing. In such case, you will have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
    5. Support centre: Should you have any difficulties with exercising any of the rights referred to above using your Showmax Account, you may contact us at the customer support email address listed on showmax.com/contact for assistance (in such case, for security reasons you may be asked to confirm your request by logging into your Showmax account and upon such confirmation your request will be considered to be validly filed).
    6. Complaints: You can raise a complaint about our processing with the data protection regulator in your jurisdiction. If you find it difficult to contact the data protection regulator, we will help you.
  6. How long do we store data?

    1. Data Retention Principles: We process your personal data during your subscription and following the end of your subscription to the extent that the data is necessary for the purposes with respect to which we are permitted and/or required to process data, in any event no longer than for the period of expiry of claims, including for the following purposes:
      1. compliance with obligations resulting from applicable laws to which Showmax is subject;
      2. establishment, exercise or defence of legal claims as well as for the purposes any other legal proceedings or compliance with any judgments and/or decisions issued by public authorities;
      3. research and analytics;
      4. marketing of Showmax products and services; and
      5. maintaining the Showmax Account in accordance with clause 6.2.
    2. Access to your Showmax Account after subscription termination: Following the termination of your subscription, your Showmax Account will remain active for a period of five years. If you do not re-subscribe to the Showmax Service within that time, we will delete your Showmax Account and any related information to the extent that it is not used as set out in clause 6.1.
    3. Data retention Principles with respect to consent:  As outlined in clause 5.4 we might be processing your data on the basis of consent. In such event we process data only as long as the consent is valid and to the extent that the data is necessary for the purposes with respect to which we are permitted and/or required to process data.
    4. Where appropriate we will encrypt, pseudonymize, anonymize and/or segregate information so that we may make use of it in a manner that avoids unnecessary identification, in the interest of protecting your privacy and enhancing security practices.
  7. Security

    1. Maintaining the security and integrity of your personal data is a high priority and we endeavour to maintain appropriate technical and organisational measures to secure the integrity of information, using accepted technological standards to prevent unauthorized access to or disclosure of your personal data and to protect them from misuse, loss, alteration or destruction.
  8. Cookies

    1. In order to ensure that the Showmax Website, Showmax App and Showmax Service work properly, to provide you with a personalised experience, we and certain of our third party service providers may set cookies or similar technologies (such as in particular web beacons, pixels and advertising identifiers) on your device, subject to your consent where relevant. A cookie is a small text file that a website saves on your computer or mobile device when you visit the website. It enables the website to remember your actions and preferences (such as session status, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.
    2. The Showmax Website uses two basic cookie types: session cookies and persistent cookies. Session cookies are temporary files stored on the user’s end device until the user logs out, leaves the website or closes the software (web browser). Persistent cookies are stored on the user’s end device for the time specified in the parameters of the cookies or until deleted by the user.
    3. In many cases, the default settings of the web browsing software (web browser) enable cookie storage on the user’s end device. You can delete or block cookies from being set in your web browser settings or relevant software. Cookies set by Showmax will likely be labelled as first party cookies, and those set by our partners will be labelled third party cookies. Certain parts of the Showmax Website, the Showmax Service or the Showmax App may not work properly if first party cookies are blocked or deleted.
    4. The types of cookies and the purposes for which they are used on the Showmax Website and the Showmax App include:
      1. strictly necessary cookies, which enable use of the services available on the Showmax Website and Showmax App, for example cookies used for authentication of users and cookies that ensure security;
      2. performance cookies, which help us collect information about how the Showmax Website, the Showmax Service and the Showmax App are used, so that we can perform analytics and improve their performance;
      3. functionality cookies, which remember choices made by the user and personalise the interface and allow enhanced functionality and personalisation of the Showmax Website, the Showmax Service and the Showmax App; and
      4. targeting cookies and advertising IDs for delivering adverts more relevant to users and their interests, as well as ad conversion tracking; these cookies are mainly set by our advertising partners.
      5. Third parties that engage in online behavioural advertising, or that provide such services to us as service providers, may offer additional control over this practice via a self-regulatory body called the European Interactive Digital Advertising Alliance. For further details regarding the collection of information by third-party advertising companies or to exercise choices over online behavioural advertising practices, visit https://youronlinechoices.eu/.
  9. Changes to this Policy and final provisions

    1. We may change this Privacy Policy from time to time. If we do so, we will post the revised policy on Showmax and will inform users of such amendments and of their effective date.
    2. In case of discrepancy between this document and the Showmax App end user licence agreement, the provisions of this Privacy Policy will prevail.

This version of Privacy Policy applies from 14 February 2020.

Previous version of the Privacy Policy document to be found on this page.